MCD2070 BUSINESS LAW
FINAL EXAMINATION
STUDENT BRIEF
COMMONWEALTH OF AUSTRALIA
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Exam Guidelines
▪ Students will be attempting the exam using the Eassessment software.
▪ During the exam, you will be invigilated by Monash College staff using the
Zoom software.
▪ Make sure your computer is plugged into the charger, internet connection is
stable, and the camera and microphone are switched on. You can reduce the
volume of the microphone. (STUDENTS MUST HAVE THEIR CAMERA
FUNCTIONING)
▪ You will be recorded during the exam so make sure you follow all the
instructions!!
▪ Make sure to log into the MCD2070 ZOOM AND EASSESSMENT LINKS early.
More information will be given to you by the Monash College student
administration!
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Exam Guidelines
▪ Students are permitted to bring any notes. The notes may be typed, printed or
written.
▪ Students are also permitted to bring the textbook (6th or 7th edition). You may
write on the textbook.
▪ You may use a dictionary.
▪ For each examinable topic, ensure that you, among other things:
– Understand the lecture materials thoroughly
– Have completed and understand your readings thoroughly
– Understand the tutorial materials thoroughly
– Create your own notes
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FAQ about Exam Materials
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1) What can I bring in the exam?
The exam is open book so you can bring anything!!
2) What edition of the textbook can I bring?
Either the 6th or 7th edition of the Law in Commerce textbook can be used in the exam.
3) Can I borrow the textbook from the library and bring it in the exam?
Yes, you can, but you are prohibited from writing on it due to University/College library policy.
4) I only have a digital (PDF) copy of the textbook. Can I print it and bring it in the exam?
Apart from breaching copyright law substantially, you are forbidden from doing this. Please bring and use the physical or
eBook copy of the textbook during the exam.
5) I only have a digital (PDF) copy of the textbook. Can I just keep it open in my laptop?
Yes – as some students only have the eBook version of the textbook, this will be permitted.
6) Can I write on the textbook?
Yes, you can. Even the front and back pages.
7) Can I use ChatGPT or AI during the exam?
NO - Generative AI tools cannot be used in this assessment task!!!
In this assessment, you must not use generative artificial intelligence (AI) to generate any materials or content in relation to
the assessment task. If unauthorised use of generative AI is suspected, it will be managed as an allegation of academic
misconduct in accordance with existing disciplinary processes.
FAQ about Exam Materials
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7) Can I type and/or print my notes?
Yes.
8) Can I use the notes from my friends or from GoFina! Or TDUniverse
Yes - but at your own risk. History has shown that students who rely on other people's notes end up doing badly in the
exam. It is recommended that you write or produce your own notes.
9) Can I just memorise the lecture slides and the textbook?
If you want, but you won't do well in the exam. To apply the law properly, a good student must have a sound
understanding of the law, cases and concepts. Simply memorising these will not equate to a good result.
10) I haven't received my results yet for the test, Perusall Assignment, tutorial tests and lecture quizzes!?
Please email your teacher as soon as possible!
11) Can I see you for consultations *at this time*
We will be scheduling exam revision workshops and consultations in Weeks 11 and 12. ONLY the workshops will be
recorded. Students can attend any of the exam workshops and consultations.
Exam Guidelines
▪ Total marks: 50 marks.
▪ The exam is worth 50% of the total assessment for this unit.
▪ To pass the unit, students must achieve an OVERALL total grade
of (at least) 50%.
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Assessment Mark Hurdle to pass the unit
Final exam 50% No hurdle
In-semester test 20% No hurdle
Tutorial tests 10% No hurdle
Lecture quizzes 10% No hurdle
Perusall 10% No hurdle
TOTAL 100%
Exam Content
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▪ The purpose of the exam is for students to apply legal principles and rules covered over
the course of the MCD2070 unit in commercial scenarios.
▪ The focus is application – not copying the rules.
▪ Answers do not have to be structured using the IRAC format. However, students are
expected to:
❑ Explain the rules and
❑ Apply the rules when addressing the questions!
❑ Cite relevant case law or section to get full marks!!
▪ The exam will NOT cover the Australian legal system, the tort of negligence, contract
formation and express terms (contents from Weeks 1 - 5 lectures)!!
Exam Structure
▪ Students have 2 hours and 10 minutes writing time.
▪ The examination paper consists of 4 parts:
o Part A – 3 questions based on Partnership law [5 + 5 + 5 = 15 marks]
o Part B – 2 questions based on Corporations law [7.5 + 7.5 = 15 marks]
o Part C – 2 question based on ACL Vitiating Factors [5 + 5 = 10 marks]
o Part D – 2 questions based on ACL Consumer Guarantees [5 + 5 = 10 marks]
▪ Students must answer ALL questions.
The exam content in the following slides serves to guide you on the POSSIBLE
examinable topics for each question. It is NOT a true reflection of the final exam.
Students are advised to revise on ALL the topics listed.
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Part A Business Structures: Partnership Law – 15 marks
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Examiner’s aim:
▪ Candidates are expected to address 3 Partnership law questions.
Focus of the questions may include:
▪ Creation of Partnership
▪ Partnership Agreement
▪ Partnership Duties
▪ Partnership retirement and liabilities
▪ Partnership liability to third parties (Statutory rules)
Statute – Partnership Act
Debts and obligations – s 9 and 13
Wrongful acts – s 14 and 16
Part B Business Structures: Corporations Law – 20 marks
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Examiner’s aim:
▪ Candidates are expected to apply the statutory rules of Corporations Law for 2
questions.
Focus of the questions may include:
▪ Statutory Director Duties
▪ Insolvent Trading
▪ Company liability to third parties (Statutory rules)
Statute – Corporations Act
Customary authority – s 128 and 129(3)
Part C ACL Vitiating Factors – 10 marks
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Examiner’s aim:
▪ Students will be presented with 2 questions based on 1 short case study relating to the
ACL Vitiating Factors.
Focus of the questions may include:
▪ Misleading or deceptive conduct - s 18
▪ Unconscionable conduct – s 21
▪ Unfair terms in standard form contracts – s 23
Vitiating Factors
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Examiner’s aim:
▪ Candidates are expected to examine conducts that may allow the contract to be vitiated.
Focus of the questions may include:
▪ Misleading or deceptive conduct – s 18
▪ A person…
▪ In “trade or commerce”
▪ Engage in conduct…
▪ That may be misleading or deceptive, or likely to mislead or deceive
▪ Remedies for breach
▪ Unconscionable conduct – s 21
▪ “Trade or commerce”
▪ Connected with the supply of a good or service
▪ Conduct is unconscionable according to s 22
▪ Remedies for breach
▪ Unfair terms – s 23
▪ The term must be in a consumer or small business contract
▪ The term must be in a “standard form” contract – see s 27
▪ The term in the standard form contract must be unfair – see s 25(1)
▪ Remedies for breach
Part D ACL Consumer Guarantees – 10 marks
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Examiner’s aim:
▪ Students will be presented with 1 short scenario with two sub-questions relating to the
ACL consumer guarantees.
Focus of the 2 (two) sub-questions may include:
▪ Is the contract covered under the ACL?
▪ Which consumer guarantees are breached?
▪ Is the breach a major or minor failure?
▪ What remedies are available?
▪ Does the exemption clause apply?
Exam Preparation
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• All questions are similar in format and style to tutorial problems raised in class or part of
pre tutorial work.
• Students should allocate their time in accordance with the marks for each question.
History demonstrates that students who fail to complete all questions on the paper fail
the exam.
• Relevant case laws and statutory rules must be referenced to maximise marks.
• Students are expected to explain concepts and develop arguments in their own words.
▪ Sample papers and questions are available on Moodle
No inference should be made from the sample paper regarding the degree of difficulty,
style of question, coverage of the topics or any other matter.
ANY SUBMISSIONS THAT DISPLAYS A SIMPLE CHECKLIST APPROACH WITH
LITTLE OR NO APPLICATION OF LAW TO FACTS IS A FAIL SUBMISSION!!
ALSO, ANY ANSWERS CLEARLY GENERATED BY AI WILL RECEIVE A FAIL!!
MCD2070 BUSINESS LAW
GOOD LUCK!!